noting that this court “cannot acquire jurisdiction of [a disability retirement] claim until after the board and the Secretary have acted”
How later courts described this case
- noting that this court “cannot acquire jurisdiction of [a disability retirement] claim until after the board and the Secretary have acted”
- “[S]ince our jurisdiction could not be invoked until after the retiring board and the Secretary had acted, the statute of limitations on a suit in this court did not begin to run until they had acted[.]”
- “jurisdiction is conferred by Congress, not on this court, but on retiring-boards and the Secretaries of the three armed services, to decide an officer’s right to retirement for physical disability * * *”
Written by the judges who cited it.
The opinion
JONES, Chief Judge
(concurring in part).
I concur, but am inclined to the opinion that any recovery in this court should be limited to six years previous to filing of the suit.